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1. The Secretary to Government, Union Ministry of Communications, Government of India, New Delhi.

2. The Official In-charge , Computer Emergency Response Team, Ministry of Communications, Government of India, New Delhi.

3. The Principal Secretary to Government, Home Department, Government of Tamil Nadu, Fort St. George, Chennai.

6.We request the learned Senior Counsel Mr.Veera Kathiravan, Mr.Rajendran, learned Advocate, Chennai and R.Thirupathi Chellasamy, learned Advocate and Mr.K.P.S.Palanivel Rajan, learned Amicus Curiae, to assist us.

7.We request the learned Assistant Solicitor General of India, representing the Union of India and the Official In-charge, Computer Emergency Response Team, Ministry of Communications, Government of India, New Delhi, to get necessary inputs from the service providers, more particularly the Google, Face Book, Microsoft , Yahoo and Instagram to remove the links of the deadly Blue Whale Challenge.

THE LEGISLATIVE FRAMEWORK:

17.At this stage, it is necessary to have a brief look at the legal architecture. The Information Technology Act, 2000 enacted by the Parliament was more to legally recognize e-commerce. Only the 2008 Amendment put in place the regulatory mechanism to deal with online offences and to provide for preventive and remedial measures. Section 69-A of the IT Act confers power to issue directions for blocking for public access of any information through any computer resource. Section 69-B authorises the Central Government to monitor and collect traffic data or information through any computer resource for cyber security. Section 79 talks about the role of the intermediaries. Rules have been framed setting out the procedure as well as safeguards for blocking for access of information by the public, in the year 2009. In the year 2011, rules were framed containing the guidelines for the intermediaries. The intermediaries have to observe due diligence while discharging their duties. CERT-In (Indian Computer Emergency Response Team) has been set up under Section 70-B of the IT Act, 2000. Rules have been framed in 2013 cataloging the duties and functions of the said authority. Rule 14 of Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013 empowers the appropriate authority of CERT-In to seek information from service providers, intermediaries, data centres, body corporates and any other person for carrying out its statutory functions. The information sought for by the authority must be furnished within the time and in the format stipulated.

28. The Writ Petition is disposed of with the above directions. No costs.

To

1.The Secretary to Government, Union Ministry of Communications, Government of India, New Delhi.

2.The Official In-charge , Computer Emergency Response Team, Ministry of Communications, Government of India, New Delhi.

3.The Principal Secretary to Government, Home Department, Government of Tamil Nadu, Fort St. George, Chennai.

4.The Director General of Police, Chennai.